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NAVY | BCNR | CY2003 | 00658-03
Original file (00658-03.rtf) Auto-classification: Approved
                  DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
 2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                                        BJG
                                                                                          Docket No: 658-03
                                                                                         17 March 2003
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD
         Ref:     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 dtd 2 Oct 02 w/attachment
(2)      HQMC MMOA-4 memo dtd 13 Feb 03

1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of major he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2002 Major Selection Board, vice the FY 2003 Major Selection Board.
2.       The Board, consisting of Messrs. Dunne, Shy and Zsalman, reviewed Petitioner’s allegations of error and injustice on 13 March 2003, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

b.       Petitioner had a prior case (4707-01) before this Board. A copy of his decisional document is at Tab A to enclosure (1). After he had failed by the FY 2002 Major Selection Board, the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) directed that a fitness report be removed from his record. His failure was later stricken by this Board. He appeared before the FY 2003 Major Selection Board with a corrected record and was selected for promotion. He was promoted to major with a date of rank and effective date of 1 May 2002.
b.       In correspondence attached as enclosure (2), the Headquarters Marine Corps office with cognizance over the subject matter of this case has commented to the effect that




Petitioner’s request has merit and warrants favorable action, specifically, adjusting his major date of rank and effective date to 1 March 2001.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected, where appropriate, to show his date of rank and effective date in the grade of major as 1 March 2001, vice 1 May 2002; and that his lineal precedence be adjusted accordingly.

b.       That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.

c.       That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.

4.       Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.


         ROBERT D. ZSALMAN        JONATHAN S. RUSKIN
         Recorder         Acting Recorder












2
        



5.        Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.


                                                                                 W. DEAN PFIEFFER
                                                                                 Executive Director
















3






DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
         QUANTICO, VIRGINIA 22134.5103
         IN REPLY REFER TO:

                                            1600
                                                                                                            MMOA-4
                                                                                                  13 Feb 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

Subj:    BCNR PETITION FOR MAJOR

Ref:     (a) MMER Request for Advisory Opinion in the case of USMC of 30 Jan 03
1.       Recommend approval request for backdating his date of rank.
2.       Per the reference, we reviewed Major and petition. Major failed selection on the FY02
         USMC Major Selection Board.      He successfully petitioned the Performance Evaluation Review Board (PERB) to remove the Change of Duty fitness report from 990710 to 000501. Major as subsequently selected for promotion from the In-Zone on the FY03 USMC Major Selection Board. Major requests back-dating of his date of rank.
3.       In our opinion, the petitioned fitness report contained serious competitive concerns that may have resulted in the failure of selection. Since the removed report may have contributed ~ failure of selection, and following the removal he was selected for promotion to Major, we recommend approval of his request for back-dating of his date of rank to 1 March 2001. This date was verified

4.       POC is



Lieutenant Colonel, USMC
Head, Officer Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division

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